GOVERNANCE OF OUR BUSINESS…
Simply stated Governance is the legal structure by which business is conducted within any given organization. With the Old Brook Farm Association it is the Covenants and Bylaws that define our organization. Covenants are attached to the property and follow, or go with, the property as it passes from owner to owner. Covenants take precedence over anything else except where the Covenants provide options.
Our Covenants provide the option of developing a Bylaws to further define our Governance structure. Together, the Covenants and the Bylaws define and direct how we do things as they pertain to the day-to-day business of our Association.
The Old Brook Farm Addition is divided into eight sections. Because each section was developed separately we deal with eight sets of Covenants. This is not a problem because the Covenants all read about the same from section to section especially when it comes to defining Governance.
Unlike the multiple sets of Covenants, the Association has just one set of Bylaws. The Bylaws apply equally and unconditionally to all sections of the addition.
The Covenants and the Bylaws are reproduced and published here on our website. Every effort has been made to ensure the accuracy of these documents and we are reasonably certain they are accurately represented. None-the-less, homeowners may wish to obtain an official certified copy of their Covenants at the Allen County Office of the County Recorder. A nominal fee per sheet will be charged.
The Bylaws are maintained by the Secretary-Treasurer of the Old Brook Farm Association. For your convenience, the Bylaws can be viewed by selecting BYLAWS here.
The Covenants can be viewed by selecting COVENANTS from the Menu.
OLD BROOK FARM ASSOCIATION — ANNUAL MEETING
“The owners of the lots in said Addition shall be deemed to be and constitute an Association with the name Old Brook Farm Association. The owners of each lot in said Addition shall automatically be members of said Association and entitled to one joint vote for each lot or tract owned by them. Meetings of this Association may be called by member of the Association, or by the President or Secretary thereof, by written notice mailed or delivered 5 days prior to the date of such meeting, but notice of any such meeting may be waived either in writing or by waiver endorsed on the minutes of the meeting.” (Quote from Covenants)
“Annual Meeting. The annual meeting of the members shall be held on a yearly basis, for the purpose of electing Directors and for the transaction of such other business as may come before the meeting.” (Quote from By-Laws)
Our Annual Meeting is usually scheduled for early in the year. Every effort is made to schedule the meeting for the second Sunday in March, however, circumstances sometimes prevent us from meeting on that day. An Official Notice of the Annual Meeting is mailed to property owners via U.S.P.S. no less than 10 days and no more than 30 days prior to the meeting. We generally include the notice in the “Reaper” the official newsletter of the Old Brook Farm Association, and include an Official Notice of the Annual Dues Assessment. The notices are also posted on the Association Facebook Group Page, and posted to our association website, www.oldbrookfarm.org.
Contained in the Official Call to Meeting notice is a tentative summary of business to be conducted at the meeting. While this is not a full meeting agenda the summary contains most business of interest to the Association members and contains information required by our Covenants and Bylaws to be published prior to action. These include Elections and any proposed changes to the Covenants or Bylaws.
Typical business conducted at the Annual Meeting includes, but is not necessarily limited to, Elections, approval of Minutes and financial reports, delivery of other reports, approval of the Annual Budget, vote on any proposed changes to the Bylaws and Covenants, any Unfinished Business from a previous meeting, and New Business items.
In addition to the conducting of business, the Annual Meeting provides a forum for the presentation and discussion of matters and issues important to our Association Members. At appropriate times the floor is open to our members for speaking out on concerns and issues. It’s a chance to speak with neighbors who might not live next door but who share in our lives as residents of Old Brook Farm.
In recent years the Board has engaged outside speakers from our governmental bodies. These speakers have included representatives from Allen County Government, the Fort Wayne City Council, Northeast Area Advocate from the Mayor’s office, the Township Trustee, and others who are not governmental representatives.
And finally, the Annual Meeting provides the last opportunity to take advantage of Annual Dues discounts. Come to the meeting and pay your dues while there and you save $5.00, the early payment discount.
MAINTENANCE FEE — ALSO KNOWN AS ANNUAL ASSOCIATION DUES
“Assessments for annual dues for membership and special assessments for other purposes, and their method of payment shall be established from time to time by the Board of Directors.” (Bylaws Quote)
Paying Association Dues Assessments is an unavoidable part of living in Old Brook Farm and, indeed, most additions in Fort Wayne. The assessment of dues is provided for in the Covenants that are attached to all properties in the addition. Covenants are passed to a homeowner when a property is purchased, “and they shall be considered a part of the conveyance of any lot in said Addition without being written therein.” Homeowners cannot opt out of agreeing to the Covenants, “they shall run with the land.“ The italicized texts are quotes from the Covenants.
Each year the Board of Directors meet to determine the amount of dues to be assessed for the coming fiscal year and provides an Official Notification of Dues Assessment for the year. The notification is delivered to home owners via U.S.P.S. and is published via other venues. Per the Restrictive Covenants, Association Dues Assessments are due and payable on or before the 15 days following the publishing of the Dues Assessment. However, Board policy is to extend a grace period to include the days prior to and including the date of the Annual Meeting. From time to time discounts are offered to homeowners who choose to pay their dues assessment on or before the date of the Annual Meeting.
When setting the Annual Budget, the Board of Directors takes many factors into consideration; the cost for snow plowing, liability insurance, postage and advertising, office supplies, communication, association sponsored garage sales, legal fees incurred to enforce Restrictive Covenants and for the collection of delinquent dues, etc. Additionally, the Board maintains a reserve fund for unanticipated expenses and for emergencies, legal fees, etc.
When Association Dues Assessments are not paid the delinquency is placed with a local attorney for collection. All collection expenses are levied upon the delinquent property owner, and can more than double the amount owed to be collected. When appropriate, formal liens for delinquent dues will be filed and recorded against these properties as provided for in our Covenants. Liens against property can show up on credit reports and can cause delays in closings when homeowners go to sell their homes or property parcels.
The cost of collections and the filing of liens for delinquent dues can be expensive, and if not paid, is collected from the proceeds when the property is sold. These cost to homeowners when facing collection or satisfying a lien placed for delinquent Association Dues can more than double what it would have cost to pay the Association Dues on time. These costs to the homeowner can include, but are not necessarily limited to, the amount of the dues plus attorney fees, filing fees to place the lien, filing fees to remove the lien, Notary Fees for both filings, processing costs for both filings, late charges and possible interest. These costs can accumulate to a large total owed if the delinquency continues for more than one year. It is wise to pay dues when due.